Mandatory Acts Relating To The Preparation Of Adoption And Their Content, List Of Information To Be Presented In A Petition For Adoption And List Of Documents To Be Collected By Country Government


Published: 2010-07-01

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Mandatory acts relating to the preparation of adoption and their content, list of information to be presented in a petition for adoption and list of documents to be collected by country government

Passed 18.06.2010 Annex 42

The regulation is established on the basis of § 158 (3) of the Family Law Act.

§ 1.  Information in a petition for adoption

(1) The following information about the person who wishes to adopt must be presented in the petition for adoption specified in § 158 (1) of the Family Law Act:
1) name and personal identification code or date of birth;
2) contact details;
3) marital status;
4) nationality and citizenship;
5) education;
6) place of work and position;
7) details of income and financial obligations;
8) degree of severity of ascertained disability;
9) names of dependants;
10) names and personal identification codes of persons living with them and their relationship with the person who wishes to adopt;
11) information about living conditions, including information about domestic animals;
12) the reason why the person wishes to adopt;
13) the description of the child the person is prepared to adopt, incl. age, sex, health condition;
14) information about whether the person has adopted before or whether the preparation of adoption has been simultaneously launched in another county government; add the name of the county in the case of the latter.
(2) The person who wishes to adopt confirms that the information given in the petition is true and correct with their signature.

§ 2.  Mandatory acts relating to the preparation of adoption

(1) If the circumstances permit to presume with reasonable assurance that the prerequisites of adoption have been met at the time the petition is filed with court, the county government must, inter alia, do the following to ascertain whether or not adoption is permissible:
1) conduct a family survey about the person who wishes to adopt;
2) to examine the living conditions in the place of residence of the person who wishes to adopt.
(2) In the course of the family survey the county government must ascertain at least the following information about the person who wishes to adopt:
1) relationships with parents, sisters, brothers and their children in their childhood and during the preparation of adoption;
2) childhood environment and the present living environment;
3) education information;
4) employment information;
5) information about the economic situation;
6) health information;
7) interests and hobbies;
8) description of acquaintances;
9) religious beliefs;
10) attitudes and values;
11) relationships with the persons they cohabit with;
12) the reason why the person wishes to adopt;
13) the opinion of relatives and other close persons of the planned adoption;
14) knowledge about children and experience in communicating with children, expectations about parenthood.
(3) The opinion of the person who conducts the family survey about the ability of the persons wishing to adopt to cope with the child is added to the family survey.
(4) The county government prepares a summary of the living conditions of the person who wishes to adopt.

§ 3.  Documents to be collected by county government

The county government collects the following documents during the preparation of adoption:
1) a copy of the child’s birth certificate;
2) the document about the child’s health;
3) the document that shows that the child may be adopted, e.g. reference to the court judgement on deprivation of the child’s parent of parental rights, the parent’s death certificate, the parent’s consent to adoption, etc.;
4) the child’s consent to adoption;
5) the guardian’s consent to adoption;
6) the document about the adoptive parent’s health;
7) a copy of the marriage certificate of the adoptive parents;
8) a notice from the judicial register about the adoptive parent;
9) the document that gives an overview of the adoptive parent’s financial status;
10) the document that contains the information collected in the course of the family survey specified in § 2;
11) an overview of living conditions of the person who wishes to adopt;
12) a copy of the certificate that proves that the person who wishes to adopt has passed the relevant training programme required by the county government.

§ 4.  Entry into force of the regulation

The regulation enters into force on 1 July 2010.

Hanno PEVKUR
Minister
Marelle ERLENHEIM
Secretary-General

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